Boulder Marital Agreements Attorney
Financial disagreements are a common cause of separation and divorce. With the assistance of a family attorney, you can enter into a marital agreement with your spouse or fiancé to possibly avoid conflict and costly litigation in the future.
A Boulder marital agreements lawyer at Dolan + Zimmerman LLP can assess your situation and help draft a contract that protects you and your assets. Call or message us online for a free consultation today.
Why Choose Our Boulder Marital Agreements Lawyer?
- In order to provide our clients with the best and most effective service, we adopt a team approach.
- You will have access to and will work directly with your Boulder family law attorney.
- Each case is important to us, so we handle them with an individualized approach to achieve an outcome that fits your needs.
A premarital agreement, as it is known in Colorado, also called a prenuptial agreement, is a contract between two people made in contemplation of marriage. This contract is drafted and signed before the wedding and becomes enforceable once the couple is legally married. The agreement will usually include provisions for the division and distribution of property, characterization of property, and spousal support upon divorce.
A postnuptial agreement, also called a marital agreement in Colorado, is identical to a prenuptial agreement in terms of the provisions it may address. However, the couple is already married when they sign a postnuptial agreement.
The Benefits of a Marital Agreement
Marital agreements may not seem romantic, but if you decide to separate from or divorce your spouse, a prenuptial or post-nuptial agreement can simplify the process. A few of the reasons why couples consider a marital agreement are:
- One spouse is wealthier than the other.
- One spouse has more debt.
- Children are involved.
- One spouse is a business owner.
- To keep sensitive information confidential, such as finances and details about the marriage.
- Either spouse was previously married.
Colorado courts prefer and tend to hold up marital agreements entered into before marriage (prenuptial) rather than after.
Are Marital Agreements Enforceable?
Whether a marital agreement is enforceable in Colorado or not is decided by the court on a case-by-case basis. However, the agreement must be in writing and signed by both parties. The parties must have entered into the agreement voluntarily, have had time to discuss it with a lawyer, and exchanged full financial disclosures regarding assets and debts.
If there is proof that one party was forced or felt coerced into signing the agreement or was kept from seeking independent legal advice, Colorado will not enforce the agreement. It will be considered “unconscionable.” The validity of a marital agreement heavily relies on clarity, transparency, and fairness.
Getting Help From a Boulder Marital Agreements Lawyer
Discuss your circumstances with a highly experienced Boulder marital agreements lawyer. We will advise you on how to go about protecting your assets and any potential legal implications. Contact us today to schedule a free consultation.